Montecfo
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Well pb4uski it seems we agree on most things. And maybe where we differ is on framework.If one wants to close a crazy loophole are they a tax collector or just trying to correct a crazy loophole? The federal government should not be making and retaining loopholes that benefit the wealthy just because it can.
I understand that the historical reason for stepped up basis was that it was the quid quo pro for the estate tax (not really the inheritance tax as you stated). I would concede that it made sense back when the estate tax exemption was lower. As early as 2000 the exemption was only $675,000 and if it wasn't currently almost $14 million (almost $28 million for a couple) then I probably wouldn't feel so strongly about it.
I generally agree that the family farm or business shouldn't have to be sold just to pay the estate tax, but there are ways to deal with that through permanent life insurance on the principal owners that provide the funds to pay the estate tax and that was done for years when the estate tax exemption was lower/more reasonable. Also, you may have missed in the post that you responded to that I suggested that the tax on the unrealized gains could be made payable over 5 or 10 years. That was suggested specifically so the family farm or business would not need to be sold to pay the estate taxes.
However it make no sense to me that if someone inherits a $2 million traditional IRA that they need to drain it over 10 years and pay the tax on the withdrawals but OTOH if someone inherits a family farm or business with a $2 million unrealized gain that not only does the estate generally not pay estate tax but also they never have to pay tax on that unrealized gain at all.
IMO, it is an obscene inequity in the tax law that does nothing but to benefit the wealthy and should be closed. There will need to be an independent appraisal to set the stepped up basis of the family farm or business under current law and that same independent appraisal can be used to set the value of thec family farm or business. The basis will be known from the business' capital asset and depreciation records.
The wealth in America is owned by its people. It is not owned by the government which allows people to retain some simply due to largesse.
I don't see the estate tax exemption or stepped up basis as a "loophole". In fact both are fully intended features of the tax law which have been in place for generations.
And it is a bit of a trap to demonize the "wealthy" since we have designed a system where the wealthy tax virtually all of the federal income tax in the US. So all tax cuts "benefit the wealthy" in dollars but have also reduced many folks' federal income tax burden by 100%. Almost 50% pay no income tax (in fact for many their tax rate is negative due to refundable credits). The top 1% of earners pay 40% of the federal income tax. The top 5% which includes many of us here pay 66% (source USAFacts).
Wealth is accumulated in America by risk taking and grit. People work their entire careers to build as much wealth as they can for their family, accepting the burden of paying the nation's federal state and local income taxes along the way. The estate tax should not be taking away that wealth in my view. A reasonable exemption I think is appropriate (currently $14m per person) especially when estate tax rates are so high, escalating quickly to 40% and including previously taxed assets.
And of course anyone who feels they are not paying enough can send a check directly to the US treasury in whatever amount they wish.
The thread drift can sometimes be the most compelling part of a thread but while we have moved far afield from SS but we certainly have not deviated from the world of taxes, a very interesting topic always.